Idaho news. (Blackfoot, Idaho) 1887-1891, 1887-06-25
THE FOURTH CLAUSE.
The LOng-Looked for Decision ny thc
Inter- state Commissions

The k0mg@A00Aeu hoF AFocs~t~" W NsAN
Interstate Commission.
WASHINGTON, June 15.--fhe Inter-
State Commission rendered tonight long
expected decision upon the fourth section
Of the interstate commerce act. The do
cision is very long, comprising more than
fifteen thousand words. The commission,
after mature cosideration, Is satisfied She
statute does not require it in every instance
ola exceptional case to grant an order for
relief before the carrier is at lib
erty in its tariffs TO depart from
the general rule. The carrier must judge for
itself what are substantially similar cir
cumstances; conditions which preclude
special rate, rebate or drawback WHICH is
made unlawful, since no tribunal is EN-
powered to judge for 1t until after the car
rier has acted, and then only for the pur-
pose OF determining whether its action con
stitutes violation of law. The carrier
Judges on peril OF consequences, but the
special rate, etc, which il giants is not
illegal when il turns out the circumstances
and conditions are not such as forbid it.
The commission viii not undertake to decide
in advance what does or does not constitute
discrimination under substantially simi-
lar Circumstances aud conditions" but will
leave railroads to act ON their own iudg-
nlent, subject TO accountability before the
commission and the courts. For the guild
ance, however, Of railroad companies, the
commission has considered at great length
nearly all the questions raised under the
fourth section OF the law, and has reached
conclusions which are summarized as fol-
lows:
First--ProhibtiO in the fourth section
against greater charge for shorter than Or
long distance over the same line in the
same direction, shorter being included
within longer distance, Us qualified therein,
is limited TO cases In which circumstances
and conditions are substantially the same.
Two-Fhe phrase under substantially
similar circumstances and conditions in
the four IN section is used IN the same sense
as in the second section and under the
qualified form OF prohibition In the fourth
section carriers are required to judge in
the first instance with regard 10 similarity
or disslmiarity in circumstances and con-
ditions that forbid or permit greater charge
for shorter distance.
Three--Judgment Of carriers ia respect
to circumstances and conditions is not final,
but subject to the authority Of the COM
mission aud eoyrts.
Fourth. The provisions Of sectiOd ono,
requiring charges TO be reasonable and
just, and OF section two, forbidding unjust
discrimination, apply when exceptional
charges are made under section four, as
they do in other cases.
The existence OF actual competition,
which il OF controlling force in
respect to traffic, is impOrtan. in the
amount they make out OF dissimilar cir
camstanCes and conditions, emitting the
carrier TO charge less for longer than for q
shorter haul over the same line ia the
same direction, shorter being included
in longer in following cases: First When the
competition Is with carriers by water,
which are not subject % the provisions Of
the statute. Second. When the competition
Is with foreign or other railroads which are
not subject to the provisions Vi tho statute.
Third. In rare AMI peculiar eases where the
competition is between railroads which are
snbiect 10 the statute when strict appiiea-
ton 10 the general ru!co the statute would
De destructive 81 competition.
Sixth-The commission further decides
that when greater charge in aggregate is
made for the transportation Of passengers
or like kind of property for shorter than for
longer distance over the same line in the
same direction, shorter being included in
longer distance, il il not sufficient justilica.
ton therefor that the traffic which Il sub
jected to such greater charge is way
or local traffic, and that which Is given
more favorable rates Is not, nor il Il sun.
cient justification fDr such greater charge
that short haul traffic is more expensive 70
the carrier, unless under circumstances
such as made 1t exceptionally expensive OF
long haul traffic exceptionally iuexpen.
sive, tho difference being extraor-
binary and susceptible Of proof, nor that
the lesser charge on the longer haul u
merely q continuation Of favorable rates
under which trade centcrs OF an industrial
establishment has been built up. The ilct
that longhanl traffic will only bear certain
rates is no reason for carrying II Cor less
than cost at the expense % other traffic.